A lawyer who is merely a lawyer is a like popper fish stuck up in a pond. Granted that current constructions of article 12 are too narrow and may not include NGOs, but it is travesty of justice to let it be so. I had maintained this position in my graduate constitutional classes, however, like Mohit, most fail to understand it, let alone appreciate it. As an instance, I deemed it a violation of freedom of speech when a principal of a granted college prohibited some students from conversing with students of another section. I deem it a violation of article 16 when affiliated and granted colleges do not reserve any posts for persons with disabilities.
I still maintain that at least bodies receiving grants from state for various projects must be mandated to honor rights of citizens. Perhaps I am at least a century in advance in my thinking. Surely, as Mahesh has said, it is a moral question and legal backing must be explored to fight it off. Yes, I maintain my word of call boy / call girl. The real attribute of the word is to sell oneself for money, and perhaps NAB wants precisely such person under the garb of computer instructor. Mohit, you need a crash course not only in Indian laws but in language as well. -----Original Message----- From: AccessIndia [mailto:accessindia-boun...@accessindia.org.in] On Behalf Of Mahesh S. Panicker Sent: Wednesday, May 22, 2013 3:39 AM To: accessindia@accessindia.org.in Subject: Re: [AI] Job for Computer Teacher Well, I wouldn't want to get into the legal aspects of the issue. But for the disability rights movement as such, for the disability collective, this particular ad is a matter of significant moral affront, especially so when we consider that it has come from an organization that is said to be working for the visually challenged. The language is offensive and crude, and it most certainly is exclusivist. They might want the selected candidate to multitask, perform other responsibilities other than computer training. A visually challenged person may or may not be able to meet all such responsibilities, as could be the case with any other candidate. They could have selected someone who would have been able to take up the responsibilities they wanted, whether visually challenged or not. But the insensitive language, and the crude implications can, and should be questioned, regardless of the legal dimension. I think its an ethical question, a moral question. It would be good if there could be some legal backing in challenging this obnoxious act, but that is a secondary concern. On 5/22/13, Mohib Anwar Rafel <mohibra...@gmail.com> wrote: > Mr Asudani please read your previous message, which reads as > "So, they should not call the post a computer instructor, rather they > should call it a callboy/call girl!!!!" and then > "Yes, fundamental rights are violated. You cannot preclude a VI from > contesting for the job" > > According to you I need a crash course in Indian laws, for your kind > information I have already completed my 5 year law degree in Indian > laws and currently pursuing master of laws thats too in Indian laws > here at the top university of India, however, this is other thing that > I have already completed M.Phil in international law. > Tell me one thing how many days gone, you have not studied > constitutional law? However you have corrected your mistake in very > next message because you wrote your above mentioned message in hurry > and with out giving any second thought that what do you want to write! > I think you need to refer Article 12 of Indian constitution which > defines that which enctities are states and against whom fundamental > rights can be claimed. So you are a supreme court judge here who is > claiming that scope of Article 12 is expanding and such agencies > should also be included under the ambit of Article 12 so that Article > 13(2) could be invoked! > Prove that these private organizations can be covered under the head > of states, I asure you I will go to Delhi High court under a petition > against these private organizations. > > As you might be aware that most of the fundamental rights, in case > these have been violated, are claimed against the state and its > instrumentality and not against the private bodies. Article 12 has > defined that what can be included under the state. > the state include, the government and parliament of india, the govt > and legislature of the state, all local authorities and other > authorities. the action of any of these can be challanged in high > court or in supreme court. > The term other authorities, has not been defined, however supreme > court has developed the concept of instrumentalities of the state to > make it clear. > > Here the test which could determine the nature of instrumentality is > funding and control, such as whether major or entire share capital is > held by the govt. is govt is involved in carrying the function and > making the policies? > Is the administration of the body in the hands of the directors > appointed by the government and are they subject to government control > in the discharge of their functions? Whether the operation of the > corporation is an important public function closely related to > governmental functions? > A private educational institution, even if it is recognised by, or > affiliated to, a university, cannot be regarded as an instrumentality > of the government for purposes of Article 12. What is necessary here > that the control of functions of the authority, the government should > be in a position to give directions to the authority to function in a > particular manner . > so finally in various cases the court has now laid down the principles > that "The question in each case would be-whether in the light of the > cumulative facts as established, the body is financially, functionally > and administratively dominated by or under the control of the > government. Such control must be particular to the body in question > and must be pervasive. If this is found then the body is a state > within Article 12, On the other hand, when the control is merely > regulatory whether under statute or otherwise, it would not serve to > make the body a state". > > > So Mr Asudani, explain here that whether any fundamental right of any > visually impaired has been infringed, I hope you remember your > constitutional law classes, if you have attended , and I hope you > attended those. > You are respectable member but I am surprised that how can you write > this foul language that it should be called as post of call boy or > call girl? Do you have some privy animosity with the NAB general > secratary? > > @Himanshu, do you consider that this private organization is under an > obligation to show that they have genuin appointment? Let me tell you > they are not answerable to your lordship. I think that it has all > right even to appoint a person even with out advertisement if they > have in their mind a most suitable candidate, therefore don't follow > your whimsical persuasion. Why is there such a hue and cry? better > apply your steam at the place where visually challanged community > really need to be dispensed! > > > > On 5/21/13, Zujar Shabbir Kanchwala <zujarbri...@gmail.com> wrote: >> I fail to understand why people from the VI community itself are >> trying to establish legimacy of the organization publishing such a >> discrimitory advertisement. Why do some of us want to believe that >> every such initiative is genuine? >> >> I am into software development for some time now and have been a >> trainer for sighted and visually challenged people in different >> setups. The training centers generally hire hardware and networking >> guys to troubleshoot and handle such issues. These are neither >> supposed to be looked into by trainers, nor do they have sufficient >> access and privileges to do so. A trainer is supposed to conduct >> theory and practical sessions, review course content, conduct tests >> and assess performance, guide students to complete assignments, >> provide technical assistance, solve queries and doubts raissed by >> students, maintain attendance and general discipline, wat other work >> is he/she expected to do? >> >> Some of us believe that all VI do not perform well in a corporate >> environment. Let me and the list members know if all sighted people >> are at par. Everyone is good at some things and needs to improve on >> others. We need to understand that it is not at all necessary that if >> one VI can do something then all VI can do it or if one VI cannot do >> something then all VI cannot. Everyone can perform according to his >> abilities, education, environment, encouragement, determination, >> motivation and several other factors. >> >> We may not have chhallenged appointment of people on various posts in >> the past but awareness is the key. At least now that we are aware that >> something is unjust and against the interests of our fellow job >> seekers, we should support them. We cannot go on accepting any such >> discrimination without challenging it if we think of making the >> society inclusive. >> >> Lastly, I'm sorry for the typos in the previous posting as I sent it >> using my phone while travelling. >> >> On 5/21/13, Himanshu Sahu <sahu.himanshu2...@gmail.com> wrote: >>> Dear Zoher, >>> May be the qualification B.A. is fixed keeping in mind any particular >>> person whom they have already decided to employ. And the for the sake >>> of establishing the genuineness of recruitment, this fake >>> advertisement is published! >>> >>> Well, this is an old and very effective method applied by peoples and >>> organisations, government departments etc., for benefitting their near >>> and dear once. >>> >>> >>> On 5/20/13, yusuf abbasi <yusuftajma...@gmail.com> wrote: >>>> -- >>>> Mobile 08010663328 >>>> 09268704236 >>>> Hi Friends! >>>> There is a job for computer teacher in National Association for the >>>> Blind Faridabad in Haryana State Branch. >>>> NAB Faridabad is looking for female computer teacher for teaching >>>> visually impaired students. >>>> NAB Faridabad conducts six months computer training for visually >>>> impaired students. >>>> In this training, they teach Microsoft Word, Microsoft Excel, Internet >>>> and Windows etc. >>>> anyone can apply except visually impaired person. >>>> Requirements: Educational Qualification B.A. >>>> Technical Qualification: Diploma or six months certificate etc. >>>> Good English >>>> Salary: 7000 to 10000 and according to performance. >>>> Contact: 08010663328 >>>> E-mail: yusuftajma...@gmail.com >>>> Contact soon >>>> >>>> Register at the dedicated AccessIndia list for discussing accessibility >>>> of >>>> mobile phones / Tabs on: >>>> http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in >>>> >>>> >>>> Search for old postings at: >>>> http://www.mail-archive.com/accessindia@accessindia.org.in/ >>>> >>>> To unsubscribe send a message to >>>> accessindia-requ...@accessindia.org.in >>>> with the subject unsubscribe. >>>> >>>> To change your subscription to digest mode or make any other changes, >>>> please >>>> visit the list home page at >>>> http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in >>>> >>>> >>>> Disclaimer: >>>> 1. Contents of the mails, factual, or otherwise, reflect the thinking >>>> of >>>> the >>>> person sending the mail and AI in no way relates itself to its >>>> veracity; >>>> >>>> 2. AI cannot be held liable for any commission/omission based on the >>>> mails >>>> sent through this mailing list.. >>>> >>> >>> >>> -- >>> Thanks and regards >>> Himanshu Sahu >>> Reach: 09051055000 >>> Skype: himanshu.cute4u >>> >>> Register at the dedicated AccessIndia list for discussing accessibility >>> of >>> mobile phones / Tabs on: >>> http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in >>> >>> >>> Search for old postings at: >>> http://www.mail-archive.com/accessindia@accessindia.org.in/ >>> >>> To unsubscribe send a message to >>> accessindia-requ...@accessindia.org.in >>> with the subject unsubscribe. >>> >>> To change your subscription to digest mode or make any other changes, >>> please >>> visit the list home page at >>> http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in >>> >>> >>> Disclaimer: >>> 1. Contents of the mails, factual, or otherwise, reflect the thinking of >>> the >>> person sending the mail and AI in no way relates itself to its veracity; >>> >>> 2. AI cannot be held liable for any commission/omission based on the >>> mails >>> sent through this mailing list.. >>> >> >> >> -- >> Best Regards, >> Zujar... >> >> An optimist laughs to forget, whereas a pessimist forgets to laugh! >> >> Register at the dedicated AccessIndia list for discussing accessibility >> of >> mobile phones / Tabs on: >> http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in >> >> >> Search for old postings at: >> http://www.mail-archive.com/accessindia@accessindia.org.in/ >> >> To unsubscribe send a message to >> accessindia-requ...@accessindia.org.in >> with the subject unsubscribe. >> >> To change your subscription to digest mode or make any other changes, >> please >> visit the list home page at >> http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in >> >> >> Disclaimer: >> 1. Contents of the mails, factual, or otherwise, reflect the thinking of >> the >> person sending the mail and AI in no way relates itself to its veracity; >> >> 2. AI cannot be held liable for any commission/omission based on the >> mails >> sent through this mailing list.. >> > > > -- > Mohib Anwar Rafel > M.Phil/Masters in International Law, Center for International Legal Studies > JNU. > Pursuing Masters of Law, at University of Delhi > > Phone: 09811767506, > 01127666896 > > Register at the dedicated AccessIndia list for discussing accessibility of > mobile phones / Tabs on: > http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in > > > Search for old postings at: > http://www.mail-archive.com/accessindia@accessindia.org.in/ > > To unsubscribe send a message to > accessindia-requ...@accessindia.org.in > with the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, please > visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > > Disclaimer: > 1. Contents of the mails, factual, or otherwise, reflect the thinking of the > person sending the mail and AI in no way relates itself to its veracity; > > 2. AI cannot be held liable for any commission/omission based on the mails > sent through this mailing list.. > -- Mahesh S. Panicker Assistant Professor, Department of Political Science, Lady Shri Ram College, Lajpat Nagar New Delhi 110024 Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in Search for old postings at: http://www.mail-archive.com/accessindia@accessindia.org.in/ To unsubscribe send a message to accessindia-requ...@accessindia.org.in with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in Disclaimer: 1. 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